Lara v. Commissioner, Social Security Administration, No. 3:2021cv01032 - Document 20 (N.D. Tex. 2022)
Court Description: Order Accepting Findings and Recommendations re: 18 Findings and Recommendations on Case re: 1 Complaint filed by Ruth Lara. (Ordered by Judge Sam A. Lindsay on 9/27/2022) (svc)
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Lara v. Commissioner, Social Security Administration Doc. 20 Case 3:21-cv-01032-L-BH Document 20 Filed 09/27/22 Page 1 of 2 PageID 884 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RUTH LARA, § § Plaintiff, § § v. § § KILOLO KIJAKAZI, Acting Commissioner § of the Social Security Administration, § § Defendant. § Civil Action No. 3:21-CV-1032-L-BH ORDER On August 29, 2022, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (Doc. 18) (“Report”) was entered, recommending that the court affirm the decision of the Acting Commissioner of the Social Security Administration (“Commissioner”) and denial of Plaintiff’s applications for Social Security benefits. On September 12, 2022, Plaintiff filed objections in which she asserts that the Report did not recognize the administrative law judge’s (“ALJ”) failures to apply correct regulations and evaluate properly medical evidence. See Doc. 19. Plaintiff also asserts that the Report impermissibly extends judicial review to medical evidence outside the ALJ’s review. See id. at 8-9. These arguments do not recognize the substantial evidence review of the Report and proper application of regulations and Social Security Ruling published guidance, and the court finds no error. Accordingly, having considered the pleadings, file, Report, and record in this case, and having conducted a de novo review of that portion of the Report to which objection was made, the court determines that the magistrate judge’s findings and conclusions are correct, and accepts them as those of the court. Order – Page 1 Dockets.Justia.com Case 3:21-cv-01032-L-BH Document 20 Filed 09/27/22 Page 2 of 2 PageID 885 Plaintiff’s objections to the Report are, therefore, overruled; the decision of the Commissioner and denial of Plaintiff’s applications for Social Security benefits are affirmed; and this action is dismissed with prejudice. It is so ordered this 27th day of September, 2022. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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